Federal jurisdiction under 18 U.S.C. § 1152 is exclusive of
state and tribal jurisdiction.

Indian

Non-Indian

If listed in 18 U.S.C. § 1153, there is federal jurisdiction,
exclusive of the state, but not of the tribe. If the listed offense is not
otherwise defined and punished by federal law applicable in the special maritime
and territorial jurisdiction of the United States, state law is assimilated.
If not listed in 18 U.S.C. § 1153, there is federal jurisdiction, exclusive of
the state, but not of the tribe, under 18 U.S.C. § 1152. If the offense is not
defined and punished by a statute applicable within the special maritime and
territorial jurisdiction of the United States, state law is assimilated under 18
U.S.C. § 13.

Indian

Indian

If the offense is listed in 18 U.S.C. § 1153, there is federal
jurisdiction, exclusive of the state, but not of the tribe. If the listed
offense is not otherwise defined and punished by federal law applicable in the
special maritime and territorial jurisdiction of the United States, state law is
assimilated. If not listed in 18 U.S.C. § 1153, tribal jurisdiction is
exclusive.

Non-Indian

Victimless

State jurisdiction is exclusive, although federal
jurisdiction may attach if an impact on individual Indian or tribal interest is
clear.

Indian

Victimless

There may be both federal and tribal jurisdiction. Under the
Indian Gaming Regulatory Act, all state gaming laws, regulatory as well as
criminal, are assimilated into federal law, and exclusive jurisdiction is vested
in the United States.

Offender

Victim

Jurisdiction When Conferred Under Public Law 280, 18 U.S.C. § 1162

Non-Indian

Non-Indian

State jurisdiction is exclusive of federal and tribal
jurisdiction.

Non-Indian

Indian

Mandatory--state has jurisdiction exclusive of federal and
tribal jurisdiction.Optional--state and federal government have jurisdiction. There is no tribal
jurisdiction.

Indian

Non-Indian

Mandatory--state has jurisdiction exclusive of federal
government but not necessarily of the tribe.Optional--state has concurrent jurisdiction with the federal courts and tribal
courts.

Indian

Indian

Mandatory--state has jurisdiction exclusive of the federal
government but not necessarily of the tribe.Optional--state has concurrent jurisdiction with tribal courts for all offenses
and concurrent with federal courts for those listed in 18 U.S.C. § 1153.

Non-Indian

Victimless

State jurisdiction is exclusive, although federal
jurisdiction may attach in an option state if impact on individual Indian or
tribal interest is clear.

Indian

Victimless

There may be concurrent state, tribal and, in an option state,
federal jurisdiction. There is no state regulatory jurisdiction.

Policing resources available to large geographically remote
reservations is limited. Law enforcement officials throughout Indian Country
indicate that tribal law enforcement agencies possess significantly fewer law
enforcement resources (equipment and manpower) than their counterparts in
non-Indian communities. This greatly impedes the officials' ability to provide
sufficient law enforcement coverage in remote areas of reservations and to
support criminal drug investigations.

The availability and allocation of correctional resources in Indian
Country are limited. Approximately 82 detention facilities currently exist
in Indian Country; they are located on 57 reservations throughout the country.
Only 27 of the facilities can be used to house juvenile offenders. Of the 82
facilities, 20 are operated by BIA and 62 are operated by individual tribes.
Despite the fact that correctional facilities are located within reservations,
law enforcement officials must travel significant distances to house offenders.

Federal agency involvement in Indian Country is an integral part of
its criminal investigative and justice systems. The FBI is the principal
federal law enforcement agency that investigates major crimes including
homicide, sexual abuse, and felony assaults in Indian Country. A critical
component of the FBI's efforts in Indian Country is its Safe Trails Task Force (STTF)
program, which unites the FBI with other law enforcement agencies in a
collaborative effort to combat the problem of violent crime and drug trafficking
in Indian Country. Participating agencies include FBI, DEA, BIA, ATF, tribal
police departments, and state and local law enforcement agencies. Currently, 19
STTFs are funded, and planning for additional task forces is underway.